Police officer not unfairly dismissed for failure to accurately disclose medical history
The Commission has dismissed an appeal made by a police officer against his removal based on a loss of confidence by the Commissioner of Police.
The appellant was removed due to concerns about his integrity following a failure to accurately disclose his medical history in the application process to be appointed as a police officer. Despite initial assertions of fitness for duty, subsequent investigations revealed discrepancies between the appellant's disclosures during recruitment and his actual medical condition, including ongoing health issues and a history of surgeries not disclosed to WA Police.
The appellant contested his removal, alleging procedural unfairness and argued against the basis for the loss of confidence in his suitability as a police officer. Additionally, the appellant contended that as a successful police officer in the performance of his duties, it was against the public interest for him to be removed.
The Commission determined that the appellant's failure to fulfill his duty of disclosure regarding his medical history eroded the respondent's confidence in his suitability as a police officer. Despite the appellant's arguments regarding procedural fairness and the public interest, the Commission found that the removal was justified based on the evidence and the importance of upholding the integrity and honesty required of police officers.
The Commission acknowledged the personal hardship the appellant may face due to his removal; however, it upheld the removal decision as necessary to preserve public trust in the Police Force, dismissing the appeal.
The decision can be read here.
Decision issued Wednesday, 17 April 2024.